Law, Relationality and the Ethical Life


Book Description

This first book-length study into the influence of Emmanuel Levinas on the thought and philosophy of Giorgio Agamben, Law, Relationality and the Ethical Life, demonstrates how Agamben’s immanent thought can be read as presenting a compelling, albeit flawed, alternative to Levinas’s ethics of the Other. The publication of the English translation of The Use of Bodies in 2016 ended Giorgio Agamben’s 20-year multi-volume Homo Sacer study. Over this time, Agamben’s thought has greatly influenced scholarship in law, the wider humanities and social sciences. This book places Agamben’s figure of form-of-life in relation to Levinasian understandings of alterity, relationality and the law. Considering how Agamben and Levinas craft their respective forms of embodied existence – that is, a fully-formed human that can live an ethical life – the book considers Agamben’s attempt to move beyond Levinasian ethics through the liminal figures of the foetus and the patient in a persistent vegetative state. These figures, which Agamben uses as examples of bare life, call into question the limits of Agamben’s non-relational use and form of existence. As such, it is argued, they reveal the limitations of Agamben’s own ethics, whilst suggesting that his ‘abandoned’ project can and must be taken further. This book will be of interest to scholars, researchers, graduate students and anyone with an interest in the thought of Giorgio Agamben and Emmanuel Levinas in the fields of law, philosophy, the humanities and the social sciences.




Law and the Relational Self


Book Description

Describes the concept of the relational self and its potential significance to the law.




Living Lawfully


Book Description

The aim of this book is to explore what it means to live a life under the law. Does a life of law preclude love and does a life of love preclude law? Part of the theme of the book is that social questions also raise individual moral and ethical questions; that to live lawfully implies both a question of how I should live in my relations with my fellows and how society should be organised. These questions must be looked at together. The book explores these questions and in looking at the articulation of law and love touches upon debates in personal morality, aesthetics, epistemology, social and political organisation, institutional design and the form and substance of law. It raises questions that are of interest to students and those working in law, theology, and social and political theory.




Society, Ethics, and the Law: A Reader


Book Description

Society, Ethics, and the Law: A Reader is an engaging, thoughtful, and academic text designed to help students make connections to ethical issues using real-world examples and thought-provoking discussion questions. Comprised of 57 original articles, topics range from traditional philosophical based academic articles to conversational style narratives of practitioners’ experiences with ethical issues within the criminal justice system. Content spans areas of criminal justice from traditional (police, courts, and corrections), to popular culture (rap, social media, and technology), to timely (immigration, gun control, and mental health). Authored by real-world experts, "Character in Context" sections illustrate how ethics impacts daily life. These include, among others, Jim Obergefell’s perspective on society, ethics, and the law as it relates to his experience as plaintiff in the Supreme Court Case Obergefell V. Hodges- the case that legalized gay marriage.




Relational Autonomy


Book Description

This collection of original essays explores the social and relational dimensions of individual autonomy. Rejecting the feminist charge that autonomy is inherently masculinist, the contributors draw on feminist critiques of autonomy to challenge and enrich contemporary philosophical debates about agency, identity, and moral responsibility. The essays analyze the complex ways in which oppression can impair an agent's capacity for autonomy, and investigate connections, neglected by standard accounts, between autonomy and other aspects of the agent, including self-conception, self-worth, memory, and the imagination.




Ranciere and Law


Book Description

This book is the first to approach Jacques Rancière’s work from a legal perspective. A former student of Louis Althusser, Rancière is one of the most important contemporary French philosophers of recent decades: offering an original and path-breaking way to think politics, democracy and aesthetics. Rancière’s work has received wide and increasing critical attention, but no study exists so far that reflects on the wider implications of Rancière for law and for socio-legal studies. Although Rancière does not pay much specific attention to law—and there is a strong temptation to identify law with what he terms the "police order"—much of Rancière’s historical work highlights the creative potential of law and legal language, with important legal implications and ramifications. So, rather than excavate the Rancièrean corpus for isolated statements about the law, this volume reverses such a method and asks: what would a Rancière-inspired legal theory look like? Bringing together specialists and scholars in different areas of law, critical theory and philosophy, this rethinking of law and socio-legal studies through Rancière provides an original and important engagement with a range of contemporary legal topics, including constituent power and democracy, legal subjectivity, human rights, practices of adjudication, refugees, the nomos of modernity, and the sensory configurations of law. It will, then, be of considerable interest to those working in these areas.




Connecting Ethics and Practice: A Lawyer's Guide to Professional Responsibility


Book Description

In Connecting Ethics and Practice: A Lawyer’s Guide to Professional Responsibility, Third Edition, the author explains the legal, professional, and ethical constraints that regulate attorneys while keeping the modern law professor and student in mind. Contemporary cases and articles are used to provide for an easier understanding of the Model Rules and Judicial Cannons, which assists in preparing for law school exams and the MPRE. The author employs a user-friendly coursebook format organized in a logical manner while achieving a realistic and manageable length. Mind maps are provided with every chapter to help students visualize and remember selected rules, and discussion questions are used to allow the students to fully comprehend and digest the reading, while also demonstrating real-life struggles most lawyer face at some point in their careers. Based on the unique format, students systematically cover all important aspects of the legal journey from law school to the legal profession. New to the Third Edition: Revised chapters contain contemporary cases, discussions, and studies Updated Model Rule 7 (Advertising) Scholarship throughout the book (in Chs. 1, 4, 10, 12, and 14) has been updated to include more recent and engaging articles New cases: Ch. 7: Federico v. Lincoln Military Hous., LLC Ch. 10: In re Discipline of Hale Ch. 11: People v. Maynard Ch. 12: Bennett v. Hill-Boren, P.C. Benefits for instructors and students: The easy-to-follow logical sequence of all relevant rules are clearly articulated at the beginning of the book and then reiterated accordingly in every chapter The structured material is well-suited for a new or experienced professor Chapters are based on quality readings as opposed to quantity Engaging, realistic examples exhibit how each Rule relates to practice Simple, consistent organization of each chapter offers a clear and logical layout, allowing for ease of use and teaching throughout Chapter introductions begin with concise explanations of the applicable Rules to be discussed Readings are controversial, contemporary, and thought-provoking Flexible organization allows for the material to be adapted to meet the individual needs of each class; professors can use as much or as little guidance as needed, and the material can be adjusted for a 2- or 3-credit course Discussion questions at the end of each reading, as well as at the end of each chapter, encourage colorful and lively dialogue and participation (which can be used in detail if time permits, or just used for student understanding of the material for class preparation) Table of Model Rules with applicable page numbers provide easy reference




A Relational Moral Theory


Book Description

A Relational Moral Theory draws on neglected resources from the Global South and especially the African philosophical tradition to provide a new answer to a perennial philosophical question: what do all morally right actions have in common as distinct from wrong ones? Metz points out that the principles of utility and of respect for autonomy, the two rivals that have dominated western moral theory for the last two centuries, share an individualist premise. Once that common assumption is replaced by a relational perspective given prominence in African ethical thought, a different comprehensive principle, one focused on harmony or friendliness, emerges. Metz argues that this principle corrects the blind spots of the western moral principles, and has implications for a wide array of controversies in applied ethics that an international audience of moral philosophers, professional ethicists, and similar thinkers will find compelling.




Agamben's Ethics of the Happy Life


Book Description

Ype de Boer invites you to rethink what you know about the philosophy of Giorgio Agamben. In a compelling and original argument, De Boer contends that, in the work of Agamben, ethics takes primacy over politics. Presenting a careful evaluation of Agamben's overlooked contribution to ethics, this book explores his enigmatic yet central concept of the 'happy life'. By reading Agamben's philosophy in terms of a 'poetico-philosophical experiment' – a term coined by the Italian philosopher himself, and one through which he questions our very mode of existence – De Boer assesses the variety of ethical paradigms that Agamben's work offers. This not only challenges the widespread misconception of Agamben as the 'dark prophet' known for his pessimistic, even nihilistic political critiques, but reveals how understanding the various facets of the 'happy life' allows for a better appreciation of his attacks on the ethico-political condition. Agamben's Ethics and the Happy Life demonstrates that ultimately Agamben seeks to formulate an alternative notion of ethics, politics and ontology that will lead us out of nihilism. Tracing Agamben's positive moral philosophy through his key works, including the seminal Homo Sacer series, De Boer uncovers how, for Agamben, a happy life is one directed not by responsibility, guilt, action and duty, but by receptivity, love, use and potentiality.




Relational Responsibility


Book Description

Relational Responsibility replaces traditional ideas on individual responsibility by giving centre stage to the relational process thereby replacing alienation with meaningful dialogue.